MEXICOBEACH O:PA CITYC COUNCIL SPECIALMEETING WEDNESDAY,JANUARY31,2024AT1:30P.M. PUBLICWORKS BUILDING Mayor, Michele Miller Councilman, Jerry Smith Councilwoman, Linda Hamilton Clint McCahill, City Attorney Councilman, Adrian Welle Councilman, Richard Wolff Tammy Brunson, City Clerk Chris Hubbard, City Administrator This meeting willl be live streamed on the City of Mexico Beach Government Facebook page. Ify you have any questions or comments on the agenda, please email them up to 21 hours prior to meeting at vomesroheachlgoy. I. II. Call to Order Roll Call III. Ordinance 827- - Charter Amendment Maximum Height (Second Reading) AN ORDINANCE OF THE CITY OF MEXICO BEACH, FLORIDA CALLING AND SCHEDULING AN ELECTION UPON AMENDMENT TO THE CHARTER OF THE CITY; PROVIDING FOR THE MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION; PROVIDING FOR PUBLIC NOTICE OF SUCH ELECTION; PROVIDING FOR THE AVAILABILITY OF COPIES OF THE PROPOSED AMENDMENTS TO THE CITY CHARTER; PROVIDING FOR ANI EFFECTIVEDATE. a. Motion tol Read Ordinance 827 (By Title Only) b. Open Public Discussion Close Public Discussion d. Discussion Motion to Approve/Deny IV. Ordinance 828- - Charter Amendment Article II Section 2.01 and Article 2.07 (Second Reading) AN ORDINANCE OF THE CITY OF MEXICO BEACH, FLORIDA CALLING AND SCHEDULING AN ELECTION UPON AMENDMENT TO THE CHARTER OF THE CITY; PROVIDING FOR THE MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION; PROVIDING FOR PUBLIC NOTICE OF SUCH ELECTION; PROVIDING FOR THE AVAILABILITY OF COPIES OF THE PROPOSED AMENDMENTS TO THE CITY CHARTER; PROVIDING FOR AN EFFECTIVEDATE. a. Motion tol Read Ordinance 828 (By Title Only) b. Open Public Discussion Close Public Discussion d. Discussion Motion to Approve/Deny V. Ordinance 830 Charter Amendment Add Position of City Administrator to City AN ORDINANCE OF THE CITY OF MEXICO BEACH, FLORIDA CALLING AND SCHEDULING AN ELECTION UPON AMENDMENT TO THE CHARTER OF THE CITY; PROVIDING FOR THE MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION; PROVIDING FOR PUBLIC NOTICE OF SUCH ELECTION; PROVIDING FOR THE AVAILABILITY OF COPIES OF THE PROPOSED AMENDMENTS TO THE CITY CHARTER; Charter (Second Reading) PROVIDING FOR AN EFFECTIVEDATE. a. Motion to Read Ordinance 830 (By Title Only) b. Open Public Discussion Close Public Discussion d. Discussion Motion to Approve/Deny VI. Ordinance 831 - Charter Amendment - Add Position of City Clerk to City Charter (Second Reading) AN ORDINANCE OF THE CITY OF MEXICO BEACH, FLORIDA CALLING AND SCHEDULING AN ELECTION UPON AMENDMENT TO THE CHARTER OF THE CITY; PROVIDING FOR THE MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION; PROVIDING FOR PUBLIC NOTICE OF SUCH ELECTION; PROVIDING FOR THE. AVAILABILITY OF COPIES OF THE PROPOSED AMENDMENTS TO THE CITY CHARTER; PROVIDING FOR AN EFFECTIVE DATE. a. Motion tol Read Ordinance 831 (By Title Only) b. Open Public Discussion Close Public Discussion d. Discussion Motion to Approve/Deny 2 VII. Ordinance 832 - Charter Amendment - Provide for a Runoff Election if no candidate receivesar majority of 50% plus one of the votes (Second Reading) AN ORDINANCE OF THE CITY OF MEXICO BEACH, FLORIDA CALLING AND SCHEDULING AN ELECTION UPON AMENDMENT TO THE CHARTER OF THE CITY; PROVIDINGFOR THEI MANNER IN WHICH SUCHI ELECTION SHALL BE CONDUCTED; ESTABLISHINGTHE FORM OFTHE BALLOT FOR SUCH ELECTION; PROVIDING FOR PUBLIC NOTICE OF SUCH ELECTION; PROVIDING FOR THE AVAILABILITY OF COPIESOFTHEI PROPOSED, AMENDMENTSTOTHECTYCHARTER,PROVIDINGFOR ANI EFFECTIVE DATE. a. Motion tol Read Ordinance 832 (By Title Only) b. Open Public Discussion Close Public Discussion d. Discussion Motion to Approve/Deny VIII. ADJOURNMENT Emailed toi interested parties and posted ont the city website on: 01/24/2024 Note: Copies of the Agenda items are posted ont the City's Website, mexicobeachfl. gov This meeting will be recorded ont the website. *You are hereby notified that in accordance with Florida Statutes, you have a right to appeal any decision made by the Council with respect to: any matter considered. Your may needt to ensuret that a verbatim record ofthey proceedings is made whichi may need toi include evidence andt testimony upon which the appeal is based. Any person requiring a special accommodation at this meeting because ofa disability or physical impairment: should contact Tammy Brunson, City Clerk, at 2011 Paradise Path, Mexico Beach, Florida 32456; or by phone (850) 648-5700: at least five calendar days prior tot the meeting. Ifyou are hearing or speech impaired, andy youp possess TDD equipment, you may contact the City Clerk using thel Floridal Duall Party Relay System, which can! be reached at -800-955-8770IDD) 3 ORDINANCE 827 AN ORDINANCE OF THE CITY OF MEXICO BEACH, FLORIDA CALLING AND SCHEDULING AN ELECTION UPON AMENDMENTTOTHECHARTER OFTHECITY; PROVIDINGFOR THE MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION; PROVIDING FOR PUBLIC NOTICE OF SUCH ELECTION; PROVIDING FOR THE. AVAILABILITY OF COPIES OF THE PROPOSED AMENDMENTS TO THE CITY CHARTER; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Florida Statutes chapter 166.031 provides that the governing body ofai municipality may submit to the electors of that municipality proposed amendments to its charter at a referendum WHEREAS, the City Council of the City ofMexico Beach has upon recommendation from the Charter Review Committee established by the City Council for that purpose recommends that an amendment be made to the Charter oft the City ofN Mexico Beach which amendment appears as Exhibit"A" election; and to this Ordinance; and WHEREAS, the City Council desires to submit the said amendment to the Charter for ratification NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY by the electors oft the City of Mexico Beach as a separate ballot question. OF MEXICO BEACH, FLORIDA, that: SECTION 1. A referendum election is hereby called and scheduled to be held concurrent with the general election on Tuesday, April 16, 2024, to determine whether the amendment to the Charter of the City ofl Mexico Beach appearing in Exhibit "A"ofthis Ordinance shall be approved by a majority oft the votes cast in such election in which the qualified electors residing ini the City shall participate. Such referendum election shall be held and conducted in the manner prescribed by law fora all general elections. The places for voting in such referendum election shall be the usual places for voting in the SECTION2. The ballot to be used at such referendum election shall contain a statement oft the proposed subject matter oft the amendment to the Charter and shall provide facilities for qualified electors to vote for or against the adoption of such Charter amendment in a separate ballot question. City in the general election to be held Tuesday, April 16, 2024. Said ballot shall be in substantially the following form: BALLOT CITY OF MEXICO BEACH, FLORIDA QUESTION: AMENDMENT TO THE CHARTER ADDING SECTION 1.06 TO ARTICLEIOF THE CHARTER SETTINGMAXIMUM BUILDINGI HEIGHISTOTHOSE: SETI POKTINTHECIYLAND DEVELOPMENTCODE ASOF1 THE. ADOPTION OF THIS REFERENDUM, WHICHARE32FEETIN RESIDENTIAL LOW DENSITY, RESIDENTIAL GENERAL, HIGH DENSITY RESIDENTIAL, TOWNHOME DISTRICT, TOURIST COMMERCIAL, PUBLIC INSTITUTIONAL, AND RECREATION AND 48 FEET IN GENERAL COMMERCIAL AND TOURIST MIXED USE, SAID RESTRICTIONS WOULD ONLY PERTAIN TO PROPRERTIES CURRENTLY SITUATED WITHIN Shall the Charter be amended to add Section 1.06 to. Article Ioft the Charter setting maximum building heights to those contained in the City's Land Development Code as oft the effective date ofthis referendum. Said restrictions would only pertain to the properties currently situated within the City's THE CITIES BOUNDARIES AS OF THE DATE OF THIS REFERENDUM. boundaries as oft the date ofthis referendum. YES NO INSTRUCTION TO VOTERS: Ifyou are in favor oft the adoption oft the foregoing amendment to the Charter, mark the space to the left of the word "YES". Ifyou are not in favor of the adoption oft the SECTION3. The City Clerk is hereby authorized and directed to instruct the Supervisor of Elections of Bay County toi include the above-described question on the ballot for the general election to be held on SECTION 4. Notice of the said referendum election in substantially the form showing in Exhibit "B" to this Ordinance shall be published two times in a newspaper of general circulation according to the laws of the State of Florida. The first publication shall be during the fifth week prior to the week in which the referendum election is to be held and the second publication shall be during the third week prior to the week in which the referendum election is to be held. A minimum of five copies of the proposed amendment to the Charter shall be kept on file in the office of the City Clerk SECTION 5. Any amendment to the City Charter described herein which is approved by the electors of the City, shall take effect upon certification of the general election of the City scheduled on foregoing amendment, mark the space to the left oft the word "NO". Tuesday, April 16, 2024. for public inspection upon demand during normal business hours. Tuesday, April 16h, 2024. SECTION 6. This Ordinance shall take effect immediately upon its adoption. PASSED,APPROVED AND ADOPTEDby the City Council of the City ofMexico Beach, Florida, this 315t day of January, 2024. THE CITY OF MEXICO BEACH BY: MICHELE MILLER, Mayor ATTEST: TAMMY BRUNSON City Clerk 1'reading: January 19, 2024 2nd reading: January 31,2024 EXHIBIT "A" CITY OF MEXICO BEACHLANGUAGE OF THE PROPOSED CHARTER CHANGEAMENDMENT (In all cases, words crossed out are to be deleted and words underlined are to be added.) 1. Articleloft the Charter is to be amended by adding Section 1.061 to read as follows: SECTION 1.06 MAXIMUM BUILDING HEIGHTS As ofthe effective date ofthis Section, aside from the approved exemptions set forth below, no building or other structure shall be constructed. erected, situated or located. in the City ofMexico Beach as its boundaries are currently located as ofthe effective date ofthis Section, which exceeds the height set forth in the zoning districts as contained in the City'sLand Development Code as oft the effective date of this Section. Those restrictions are as follows: 32ft (thirty-two feet) for Zoning Districts Residential Low Density: Residential General; High Density Residential; Townhome District: Tourist Commercial; Public Institutional; and Recreation; and 48ft (forty-eight feet) in General Commercial; and Tourist Mixed Use. However, this Charter provision shall not restrict any property owner's vested rights under constitutional., statutory or common law. Existing buildings which currently exceed the allowable height restrictions contained in their current Zoning District may be repaired to that existing height. No alterations shall be made to any building, which would cause that building to exceed the current allowable height as ofthe effective date ofthis Section. Exemptions: Chimneys. house of worship spires. elevator shafts. flagpoles. heating and air conditioning systems. solar collectors with appropriate screening and cell phone towers. EXHIBIT "B" NOTICE OF REFERENDUM ELECTION CITY OF MEXICO BEACH, FLORIDA Public notice is hereby given that on Tuesday, April 16, 2024, the issue of whether the City ofMexico Beach shall adopt an amendment to its City Charter will be submitted to the qualified electors oft the City ofMexico Beach and will appear on the same election ballot as a referendum on that date as one separate The City Council oft the City of Mexico Beach has adopted an ordinance calling the said election and has stated the following reasons for the adoption oft the proposed amendments to the Charter: ballot question. AS1 TO THE QUESTION: Isi it desirable fort the City Charter to be amended to provide for maximum building heights? Thej places of voting shall be the usual places in the City ofMexico Beach during the general election scheduled on Tuesday, April 16, 2024, and the polls shall open from 7:00a a.m. to 7:00 p.m. on the said date. All duly qualified electors residing within the City of Mexico Beach shall be entitled to participate and vote ins said referendum election. The ballot containing the question to be sO submitted to the electors shall bei in substantially the following form: BALLOT CITY OF MEXICO BEACH, FLORIDA QUESTION: AMENDMENT TOTHE CHARTER ADDING SECTION 1.06 TO ARTICLEIC OF THE CHARTER SETTING MAXIMUM BUILDING HEIGHTS' TO THOSE SETI FORTH IN THE CITY LAND DEVELOPMENT CODE AS OF THE. ADOPTION OF THIS REFERENDUM. Shall the Charter be amended to add Section 1.061 to Article I ofthe Charter setting maximum building heights to those contained in the City's Land Development Code as oft the effective date ofthis referendum. Said restrictions would only pertain to the properties currently situated within the City's boundaries as ofthe date ofthis referendum. YES NO INSTRUCTION TO VOTERS: Ifyou are in favor oft the adoption oft the foregoing amendment to the Charter, mark the space to the left ofthe word "YES".Ifyou are not in favor of the adoption ofthe foregoing amendment, mark the space to the left oft the word "NO". ORDINANCE 828 AN ORDINANCE OF THE CITY OF MEXICO BEACH, FLORIDA CALLING AND SCHEDULING AN ELECTION UPON AMENDMENTTOTHECHARTER OFTHE CITY; PROVIDINGFOR THE MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED; ESTABLISHINGTHE FORM OF THE BALLOT FOR SUCH ELECTION; PROVIDING FOR PUBLIC NOTICE OF SUCH ELECTION; PROVIDING FOR THE AVAILABILITY OF COPIES OF THE PROPOSED AMENDMENTS TO THE CITY CHARTER; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Florida Statutes chapter 166.031 provides that the governing body ofa municipality may submit to the electors of that municipality proposed amendments to its charter at a referendum WHEREAS, the City Council oft the City ofMexico Beach has upon recommendation from the Charter Review Committee established by the City Council for that purpose recommends that an amendment be made to the Charter oft the City of Mexico Beach which amendment appears as Exhibit"A" election; and tot this Ordinance; and WHEREAS, the City Council desires to submit the said amendment to the Charter for ratification NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY SECTIONI. A referendum election is hereby called and scheduled to be held concurrent with the general election on Tuesday, April 16, 2024, to determine whether the amendment to the Charter of the City ofMexico Beach appearing in Exhibit "A"ofthis Ordinance shall be approved by a majority ofthe votes cast in such election in which the qualified electors residing in the City shall participate. Such referendum election shall be held and conducted in the manner prescribed by law for all general elections. The places for voting in such referendum election shall be the usual places for voting ini the SECTION2. The ballot to be used at such referendum election shall contain a statement of the proposed subject matter oft the amendment to the Charter and shall provide facilities for qualified electors to vote for or against the adoption of such Charter amendment in a separate ballot question. by the electors of the City of Mexico Beach as a separate ballot question. OF MEXICO BEACH, FLORIDA, that: City in the general election to be held Tuesday, April 16, 2024. Said ballot shall be in substantially the following form: BALLOT CITY OF MEXICO BEACH, FLORIDA QUESTION: AMENDMENTTO THE CHARTER AMENDING THE FIRST SENTENCE OF ARTICLEI II, SECTION2.01 CHANGING THE CITY'S FORM OF GOVERNMENT FROM MAYOR- COUNCIL FORM OF GOVERNMENTTO COUNCIL-ADMINISTRATOR FORM OF GOVERNMENT AND. AN AMENDMENT TO THE CHARTER REMOVING THE THIRD SENTENCE OF ARTICLEII, SECTION 2.07, WHICH IS, "THE MAYOR SHALL BE THE CHIEF ELECTED ADMINISTRATIVE ANDI FISCAL OFFICIAL FOR THE CITY." Shall Article II, Section 2.01 of the City's Charter be amended to change the City's form of government from Mayor-Council to Council-Administrator and an amendment to the Charter removing the third sentence form Article II Section 2.07, which is "(T)he Mayor shall be the Chiefelected Administrative and Fiscal official for the City." YES NO INSTRUCTION TO VOTERS: Ifyou are in favor oft the adoption oft the foregoing amendment to the Charter, mark the space to the left oft the word "YES".Ifyou are not in favor ofthe adoption oft the SECTION 3. The City Clerk is hereby authorized and directed to instruct the Supervisor of Elections of Bay County to include the above-described question on the ballot for the general election to be held on SECTION 4. Notice of the said referendum election in substantially the form showing in Exhibit "B" to this Ordinance shall be published two times in a newspaper of general circulation according to the laws of the State of Florida. The first publication shall be during the fifth week prior to the week in which the referendum election is to be held and the second publication shall be during the third week prior to the week in which the referendum election is to be held. A minimum of five copies oft the proposed amendment to the Charter shall be kept on file in the office of the City Clerk SECTIONS. Any amendment to the City Charter described herein which is approved by the electors of the City, shall take effect upon certification of the general election of the City scheduled on foregoing amendment, mark the space to the left oft the word "NO". Tuesday, April 16, 2024. for public inspection upon demand during normal business hours. Tuesday, April 16",2024. SECTION 6. This Ordinance shall take effect immediately upon its adoption. PASSED, APPROVED. AND. ADOPTED by the City Council ofthe City of Mexico Beach, Florida, this 315t day of. January, 2024. THE CITY OF MEXICO BEACH BY: MICHELE MILLER, Mayor ATTEST: TAMMY BRUNSON City Clerk 1"reading: January 19,2024 2nd, reading: January 31,2024 EXHIBIT "A" CITY OF MEXICO BEACH LANGUAGE OF THE PROPOSED CHARTER CHANGEAMENDMENT (In all cases, words crossed out are to be deleted and words underlined are to be added.) 1.3 Article II, Section 2.01 ofthe Charter is to be amended by changing the City's form of Government from Mayor-Council to Council-Administrator and amending Article II, Section 2.07 by removing the third sentence, which is, (T)he Mayor shall be the Chiefelected Administrative and Fiscal Official for the City", to read as follows: ARTICLE I: CITY COUNCIL, MAYOR SECTION 2.01 GENERAL POWERS. AND DUTIES. The City shall be governed by a Mayer-Couneil Council-Administrator form of Government. All powers of the City shall be vested in the City Council, hereinafter referred to as the Council, except as otherwise provided by law or by this Charter; and the Council shall provide for the exercise thereofand: for the performance ofa all duties and obligations imposed on the City by law. SECTION 2.07 MAYOR The mayor, elected aforesaid, shall be a voting member of the Council and presiding officer. The mayor shall be recognized as head of City government for all ceremonial purposes, by the governor for purposes of military law, for service of process, execution of contracts, deeds and other documents, and as the city official to represent the City in all agreements with other governmental entities or certifications to other governmental entities. hemayershal-betheethahefeedaiminsiniveamtiselealofieialferthe-Ciy. The powers and duties ofthe mayor shall be such as conferred upon him by State Laws, this Charter and by the City Council EXHIBIT"B" NOTICE OF REFERENDUM ELECTION CITY OF MEXICO BEACH, FLORIDA Public notice is hereby given that on Tuesday, April 16, 2024, the issue of whether the City of Mexico Beach shall adopt an amendment to its City Charter will be submitted to the qualified electors oft the City ofMexico Beach and will appear on the same election ballot as a referendum on that date as one separate The City Council of the City of! Mexico Beach has adopted an ordinance calling the said election and has stated the following reasons fort the adoption oft the proposed amendments to the Charter: ballot question. ASTOTHE QUESTION: Isi it desirable for the City Charter to be amended to change the City's form of Government from Mayor- Council to Council-Administrator and removing the third sentence of Article II, Section 2.07. The places of voting shall be the usual places in the City of Mexico Beach during the general election scheduled on Tuesday, April 16, 2024, and the polls shall open from 7:00 a.m. to 7:00 p.m. on the said date.. All duly qualified electors residing within the City of Mexico Beach shall be entitled to participate and vote in said referendum election. The ballot containing the question to be sO submitted to the electors shall be in substantially the following form: BALLOT CITY OF MEXICO BEACH, FLORIDA QUESTION: AMENDMENTTO THE CHARTER AMENDING THE. FIRST SENTENCE OF ARTICLE II, SECTION 2.01 CHANGING THE CITY'S FORM OF GOVERNMENT! FROM MAYOR- COUNCIL FORM OF GOVERNMENTTOCOUNCIL-ADMINISTRATOR FORM OF GOVERNMENT AND. AN. AMENDMENT1 TO THE CHARTER REMOVING THE THIRD SENTENCE OF ARTICLEII, SECTION 2.07, WHICH IS, "THE MAYOR SHALL BE THE CHIEF ELECTED. ADMINISTRATIVE ANDI FISCAL OFFICIAL FOR THE CITY." Shall Article II, Section 2.01 of the City's Charter be amended to change the City's form of government from Mayor-Council to Council-Administrator and an amendment to the Charter removing the third sentence form Article II Section 2.07, which is "(T)he Mayor shall be the Chiefelected Administrative and Fiscal official for the City." YES NO INSTRUCTION TO VOTERS: Ifyou are in favor of the adoption of the foregoing amendment to the Charter, mark the space to the left ofthe word "YES".Ifyou: are not in favor oft the adoption oft the foregoing amendment, mark the space to the left ofthe word "NO". ORDINANCE 830 AN ORDINANCE OF THE CITY OF MEXICO BEACH, FLORIDA CALLING AND: SCHEDULING, ANI ELECTION UPON AMENDMENTTOTHE CHARTER OFTHE CITY; PROVIDING FOR THE MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION; PROVIDING FOR PUBLIC NOTICE OF SUCH ELECTION; PROVIDING FOR THE AVAILABILITY OF COPIES OF THE PROPOSED AMENDMENTS TO THE CITY CHARTER; PROVIDING FORA AN WHEREAS, Florida Statutes chapter 166.031 provides that the governing body ofar municipality may submit to the electors of that municipality proposed amendments to its charter at ai referendum election; and WHEREAS, the City Council of the City of Mexico Beach has upon recommendation from the Charter Review Committee established' by the City Council for that purpose recommends that an amendment be made to the Charter of the City of Mexico Beach which amendment appears as Exhibit "A" to this Ordinance; and WHEREAS, the City Council desires to submit the said amendment to the Charter for ratification by the NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MEXICO SECTION 1. A referendum election is hereby called and scheduled to be held concurrent with the general election on Tuesday, April 16, 2024, to determine whether the amendment to the Charter oft the City of! Mexico Beach appearing in Exhibit "A" oft this Ordinance shall be approved by a majority oft the votes cast in such election in which the qualified electors residing in the City shall participate. Such referendum election shall be held and conducted in the manner prescribed by law for all general elections. Thej places for voting in such referendum election shall be the usual places for voting in the City in the general election to be held Tuesday, April 16, 2024. SECTION 2. The ballot to be used at such referendum election shall contain a statement oft the proposed subject matter oft the amendment to the Charter and shall provide facilities for qualified electors to vote for or against the adoption of such Charter amendment in as separate ballot question. Said ballot shall be in substantially the following EFFECTIVE DATE. electors of the City of Mexico Beach as a separate ballot question. BEACH, FLORIDA, that: form: BALLOT CITY OF MEXICO BEACH, FLORIDA QUESTION: AMENDMENTTO THE CHARTER. ADDING SECTION: 2.17TO ARTICLE II WHICH ADDS Shall. Article II oft the City Charter be amended by adding Section 2.17, which formally provides fort the THE POSITION OF CITY ADMINISTRATOR TO THE CHARTER. position of City Administrator in the Charter. YES NO INSTRUCTION TO VOTERS: Ifyou are in favor of the adoption of the foregoing amendment to the Charter, mark thes space to the left ofthe word" "YES".Ifyou: are not in favor oft the adoption of the foregoing amendment, SECTION3. The City Clerk is hereby authorized and directed to instruct the Supervisor of Elections of Bay County toi include the above-described question on the ballot for the general election to be held on Tuesday, April 16, 2024. SECTION4 4. Notice of the said referendum election in substantially the form showing in Exhibit "B" to this Ordinance shall be published two times in a newspaper of general circulation according to the laws of the State ofFlorida. The first publication shall be during the fifth week prior to the week in which the referendum election is to be held and the second publication shall be during the third week prior to the week in which the referendum election is to be held. A minimum of five copies of the proposed amendment to the Charter shall be kept on file in the office of the City Clerk for public inspection upon demand during normal business SECTION5. Any amendment to the City Charter described herein which is approved by the electors of the City, shall take effect upon certification oft the general election of the City scheduled on Tuesday, April 16", mark thes space to the left of the word' "NO". hours. 2024. SECTION 6. This Ordinance shall take effect immediately upon its adoption. PASSED, APPROVED AND ADOPTED by the City Council of the City of Mexico Beach, Florida, this 31st day of. January, 2024. THE CITY OF MEXICO BEACH MICHELE MILLER, Mayor BY: ATTEST: TAMMY BRUNSON City Clerk Isreading: January 9,2024 2nd, reading: January 31,2024 EXHIBIT"A" CITY OF MEXICO BEACHI LANGUAGE OF THE PROPOSED CHARTER CHANGE/AMENDMENT (In all cases, words crossed out are to be deleted and words underlined are tol be added.) Article II oft the Charter is to be amended by adding Section 2.17, which formally provides fort the position of City Administrator in the Charter, to read as follows: ARTICLE II: CITY COUNCIL, MAYOR SECTION2.17CITY. ADMINISTRATOR The office of City Administrator is hereby established. The City Administrator shall be appointed by the City Council and shall serve at the pleasure of the Council. The City Administrator shall bes selected by the City Council on the basis education, experience, expertise. and/or management ability as it pertains to municipal government. EXHIBIT"B" NOTICE OF REFERENDUM ELECTION CITY OF MEXICO BEACH, FLORIDA Public notice is hereby given that on Tuesday, April 16, 2024, the issue of whether the City of Mexico Beach shall adopt an amendment to its City Charter will be submitted to the qualified electors oft the City ofl Mexico Beach and will appear on the same election ballot as a referendum on that date as one separate ballot question. The City Council oft the City of Mexico Beach has adopted an ordinance calling the said election and has stated the following reasons for the adoption of thej proposed. amendments to the Charter: ASTOTHE QUESTION: City Administrator to the Charter? Isi it desirable for the City Charter tol be amended to add Section 2.17 to Article II which formally adds the position of Thej places of voting shall be the usual places in the City of! Mexico Beach during the general election scheduled on Tuesday, April 16, 2024, and the polls shall open from 7:00 a.m. to 7:00 p.m. on the said date. All duly qualified electors residing within the City ofMexico Beach: shall be entitled to participate and vote in said referendum election. Thel ballot containing the question to be sO submitted to the electors shall be in substantially the following form: BALLOT CITYOF MEXICO BEACH, FLORIDA QUESTION: AMENDMENTTOTHE CHARTER ADDING SECTION2.17TO. ARTICLEII WHICH ADDS THE POSITION OF CITY ADMINISTRATOR TO THE CHARTER. Shall Article II of the City Charter be amended by adding Section 2.17, which formally provides fort the position of City Administrator in the Charter. YES NO INSTRUCTION TO VOTERS: Ifyou are in favor of the adoption oft the foregoing amendment to the Charter, mark the space to the left ofthe word' "YES". Ifyou are not in favor oft the adoption oft the foregoing amendment, mark the space to thel left oft the word "NO". ORDINANCE 831 AN ORDINANCE OF THE CITY OF MEXICO BEACH, FLORIDA CALLING AND SCHEDULING AN ELECTION UPON AMENDMENT TO THE CHARTER OF THE CITY; PROVIDING FOR THE MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION; PROVIDING FOR PUBLIC NOTICE OF SUCH ELECTION; PROVIDING FOR THE AVAILABILITY OF COPIES OF THE PROPOSED AMENDMENTS TO THE CITY CHARTER; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Florida Statutes chapter 166.031 provides that the governing body ofai municipality may submit to the electors oft that municipality proposed amendments to its charter at a referendum WHEREAS, the City Council oft the City ofMexico Beach has upon recommendation from the Charter Review Committee established by the City Council for that purpose recommends that an amendment be made to the Charter of the City ofMexico Beach which amendment appears as Exhibit election; and "A" to this Ordinance; and WHEREAS, the City Council desires to submit the said amendment to the Charter for ratification NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY SECTIONI. A referendum election is hereby called and scheduled to be held concurrent with the general election on Tuesday, April 16, 2024, to determine whether the amendment to the Charter of the City of Mexico Beach appearing in Exhibit "A"ofthis Ordinance shall be approved by a majority oft the votes cast in such election in which the qualified electors residing in the City shall participate. Such referendum election shall be held and conducted in the manner prescribed by law forall general elections. The places for voting in such referendum election shall be the usual places for voting in the SECTION: 2. The ballot to be used at such referendum election shall contain a statement oft the proposed subject matter oft the amendment to the Charter and shall provide facilities for qualified electors to vote for or against the adoption ofs such Charteramendment in a separate ballot question. by the electors ofthe City of Mexico Beach as a separate ballot question. OF MEXICO BEACH, FLORIDA, that: City in the general election to bel held Tuesday, April 16, 2024. Said ballot shall be in substantially the following form: BALLOT CITY OF MEXICO BEACH, FLORIDA QUESTION: AMENDMENTTO THE CHARTER ADDING SECTION: 2.187 TO ARTICLEII WHICH ADDS THE. POSITION OF CITY CLERK TOTHE CHARTER. Shall Article II of the City Charter be amended by adding Section 2.18, which formally provides fort the position ofCity Clerk int the Charter. YES NO INSTRUCTION TO VOTERS: Ifyou are ini favor oft the adoption oft the foregoing amendment to the Charter, mark the space to the left oft the word" "YES".Ifyou are not in favor of the adoption ofthe SECTION3. The City Clerk is hereby authorized and directed to instruct the Supervisor of Elections of Bay County to include the above-described question on the ballot fort the general election to be held on SECTION 4. Notice of the said referendum election in substantially the form showing in Exhibit "B" to this Ordinance shall be published two times in a newspaper of general circulation according to the laws of the State of Florida. The first publication shall be during the fifth week prior to the week in which the referendum election is to be held and the second publication shall be during the third week prior to the week in which the referendum election is to be held. A minimum of five copies oft the proposed amendment to the Charter shall be kept on file in the office oft the City Clerk SECTION 5. Any amendment to the City Charter described herein which is approved. by the electors oft the City, shall take effect upon certification ofthe general election ofthe City scheduled foregoing amendment, mark the space to the left oft the word "NO". Tuesday, April 16, 2024. for public inspection upon demand during normal business hours. on Tuesday, April 16", 2024. SECTION 6. This Ordinance shall take effect immediately upon its adoption. PASSED, APPROVED AND ADOPTED by the City Council of the City of Mexico Beach, Florida, this 31St day of. January, 2024. THE CITY OF MEXICO BEACH BY: MICHELE MILLER, Mayor ATTEST: TAMMY BRUNSON City Clerk 1"reading: January 9, 2024 2nd reading: January 31,2024 EXHIBIT "A" CITY OF MEXICO BEACHLANGUAGE OF THE PROPOSED CHARTER (In all cases, words crossed out are to be deleted and words underlined are to be added.) CHANGEAMENDMENT 1. Article II oft the Charter is to be amended by adding Section 2.18, which formally provides for the position ofCity Clerk in the Charter, to read as follows: ARTICLE I: CITY COUNCIL, MAYOR SECTION 2.18 CITY CLERK There shall be a City Clerk who shall be appointed by the City Council. The City Clerk shall perform such duties as are assigned by the City Council. EXHIBIT"B" NOTICE OF REFERENDUM ELECTION CITY OF MEXICO BEACH, FLORIDA Public notice is hereby given that on Tuesday, April 16, 2024, the issue of whether the City ofMexico Beach shall adopt an amendment to its City Charter will be submitted to the qualified electors of the City of Mexico Beach and will appear on the same election ballot as a referendum on that date as one separate The City Council oft the City of Mexico Beach has adopted an ordinance calling the said election and has stated the following reasons for the adoption of the proposed amendments to the Charter: ballot question. ASTOTHE QUESTION: Is it desirable for the City Charter to be amended to add section 2.18 to Article II, which formally adds the The places ofv voting shall be the usual places int the City ofMexico Beach during the general election scheduled on' Tuesday, April 16, 2024, and the polls shall open from 7:00 a.m. to 7:00 p.m. on the said date. All duly qualified electors residing within the City ofMexico Beach shall be entitled to participate position of City Clerk to the Charter. and vote in said referendum election. The ballot containing the question to be SO submitted to the electors shall be in substantially the following form: BALLOT CITY OF MEXICO BEACH, FLORIDA QUESTION: AMENDMENT TO THE CHARTER ADDING SECTION2.18TOARTICLEIL WHICH ADDS THE POSITION OF CITY CLERK TO THE CHARTER. Shall Article II oft the City Charter be amended by adding Section 2.18, which formally provides fort the position of City Clerk in the Charter. YES NO INSTRUCTION TO VOTERS: Ifyou are ini favor of the adoption of the foregoing amendment to the Charter, mark the space to the left ofthe word "YES".Ifyou are not ini favor of the adoption ofthe foregoing amendment, mark the space to the left of the word "NO". ORDINANCE 832 AN ORDINANCE OF THE CITY OF MEXICO BEACH, FLORIDA CALLING AND SCHEDULING AN ELECTION UPON AMENDMENTTOTHE CHARTER OFTHEC CITY; PROVIDINGFOR THE MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION; PROVIDING FOR PUBLIC NOTICE OF SUCH ELECTION; PROVIDING FOR THE AVAILABILITY OF COPIES OF THE PROPOSED AMENDMENTS TO THE CITY CHARTER; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Florida Statutes chapter 166.031 provides that the governing body ofar municipality may submit to the electors of that municipality proposed amendments to its charter at a referendum WHEREAS, the City Council oft the City of Mexico Beach has upon recommendation from the Charter Review Committee established by the City Council for that purpose recommends that an amendment be made to the Charter of the City ofMexico Beach which amendment appears as Exhibit "A" election; and tothis Ordinance; and WHEREAS, the City Council desires to submit the said amendment to the Charter for ratification NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY SECTIONI. A referendum election is hereby called and scheduled to be held concurrent with the general election on Tuesday, April 16, 2024, to determine whether the amendment to the Charterof the City of Mexico Beach appearing in Exhibit "A"ofthis Ordinance shall be approved by a majority ofthe votes cast in such election in which the qualified electors residing in the City shall participate. Such referendum election shall be held and conducted in the manner prescribed by law for all general elections. The places for voting in such referendum election shall be the usual places for voting in the SECTION2. The ballot to be used at such referendum election shall contain a statement oft the proposed subject matter oft the amendment to the Charter and shall provide facilities for qualified electors to vote for or against the adoption of such Charter amendment in a separate ballot question. by the electors oft the City of Mexico Beach as a separate ballot question. OF MEXICO BEACH, FLORIDA, that: City in the general election to be held Tuesday, April 16, 2024. Said ballot shall be in substantially the following form: BALLOT CITY OF MEXICO BEACH, FLORIDA QUESTION: AMENDMENTTOTHE CHARTER AMENDING ARTICLE V, SECTIONS.0SB)TO PROVIDE FOR A RUNOFF ELECTION IF NO CANIDATE RECEIVES A MAJORITY OF 50% PLUS ONE OF THE VOTES. Shall Article V, Section 5.05(B) of the City Charter be amended toj provide for a runoff election in the event that no candidate received a majority of50% plus one votes. YES NO INSTRUCTION TO VOTERS: Ifyou are in favor of the adoption oft the foregoing amendment to the Charter, mark the space to the left oft the word "YES". Ifyou are not ini favor of the adoption oft the SECTION3. The City Clerk is hereby authorized and directed to instruct the Supervisor of Elections of Bay County to include the above-described question on the ballot for the general election to be held on SECTION 4. Notice of the said referendum election in substantially the form showing in Exhibit "B" to this Ordinance shall be published two times in a newspaper of general circulation according to the laws of the State of Florida. The first publication shall be during the fifth week prior to the week in which the referendum election is to be held and the second publication shall be during the third week prior to the week in which the referendum election is to be held. A minimum of five copies of the proposed amendment to the Charter shall be kept on file in the office of the City Clerk SECTION 5. Any amendment to the City Charter described herein which is approved by the electors of the City, shall take effect upon. certification of the general election of the City scheduled on foregoing amendment, mark the space to the left ofthe word "NO". Tuesday, April 16, 2024. for public inspection upon demand during normal business hours. Tuesday, April 16",2024. SECTION 6. This Ordinance shall take effect immediately upon its adoption. PASSED, APPROVED AND ADOPTED! by the City Council ofthe City ofMexico Beach, Florida, this 31St day of. January, 2024. THE CITY OF MEXICO BEACH BY: MICHELE MILLER, Mayor ATTEST: TAMMY BRUNSON City Clerk ISreading: January 9, 2024 2nd reading: January 31, 2024 EXHIBIT "A" CITY OF MEXICO BEACH LANGUAGE OF THE PROPOSED CHARTER CHANGE/AMENDMENT (In all cases, words crossed out are to be deleted and words underlined are to be added.) 1. Article V, Section 5.05(B) oft the Charter is to be amended by providing for a runoff election in the event no candidate receives a majority of 50% plus one votes, to read as follows: ARTICLE V: NONINATIONS AND ELECTIONS SECTION 5.05 ELECTIONS (5.05(A)& (C) shall remain as written in the current Charter) (B) Multiple candidates. When more than two (2) persons qualify as candidates for the office of City Council, for any oft the designated groups to be filled, the persons SO qualified shall be voted upon at the regular city election to be held as stated herein. Fhecandidate-whe-shalreeeivethe ighestmumberofveiesesHerledeimdgpshalebe-delaredeletied, To win the candidate must receive the majority of all votes cast, 50% plus one vote. In the event, that no candidate receives the majority of votes, 50% plus one vote. then the two candidates receiving the most votes shall compete in a runoff election to be held two (2) weeks from the first election with the candidate receiving the most votes in the runoff election declared the winner. Ifany other provision contained in this Charter is in conflict with Section 5.05(B). then Section 5.05(B)shall take precedence and control. EXHIBIT "B" NOTICE OF REFERENDUM ELECTION CITY OF MEXICO BEACH, FLORIDA Public notice is hereby given that on Tuesday, April 16, 2024, the issue ofwhether the City of Mexico Beach shall adopt an amendment to its City Charter will bes submitted to the qualified electors oft the City ofMexico Beach and will appear on the same election ballot as a referendum on that date as one separate The City Council ofthe City of Mexico Beach has adopted an ordinance calling the said election and has stated the following reasons for the adoption of the proposed amendments to the Charter: ballot question. ASTOTHE QUESTION: Isit desirable for the City Charter to be amended to provide fora a runoff election in the event that no The places of voting shall be the usual places in the City ofl Mexico Beach during the general election scheduled on' Tuesday, April 16, 2024, and the polls shall open from 7:00 a.m. to 7:00 p.m. on the said date. All duly qualified electors residing within the City ofMexico Beach shall be entitled to participate candidate receives a majority of 50% plus one votes? and vote in said referendum election. The ballot containing the question to be sO submitted to the electors shall bei in substantially the following form: BALLOT CITY OF MEXICO BEACH, FLORIDA QUESTION: AMENDMENTTOTHE CHARTER AMENDING ARTICLE V, SECTION 5.05(B), TO PROVIDE FOR A RUNOFF ELECTION IF NOCANIDATE RECEIVES. A MAJORITY OF 50% PLUS ONE OF THE VOTES. Shall Article V, Section 5.05(B) oft the City Charter be amended toj provide forar runoff election in the event that no candidate received a majority of 50% plus one votes. YES NO INSTRUCTION TO VOTERS: Ifyou are in favor ofthe adoption oft the foregoing amendment to the Charter, mark the space to the left oft the word "YES".I Ifyou are not ini favor of the adoption ofthe foregoing amendment, mark the space to the left oft the word "NO".